WG and subletting: who is liable and who can sublet
How the lease in your WG (shared flat) is set up, who is liable for the rent, and when you can sublet a room.
Who is liable for the rent depends on how the WG's lease is set up, so check that before anyone moves in. You can sublet a room with your landlord's permission, and you are entitled to it if you have a legitimate interest.
What to find out in your WG
Who is liable to the landlord depends on how the lease is set up. First come the three common setups, then the rules for subletting.
- 1
If everyone is on one lease
On a joint lease, each person is liable for the full rent.
- 2
If every room has its own lease
Each person is liable only for their own rent.
- 3
If a Hauptmieter sublets the rooms
In the Hauptmieter (main tenant) model, only the Hauptmieter is liable to the landlord.
- 4
Subletting a room needs permission
You can sublet a room only with your landlord's permission.
- 5
The whole flat needs express consent
You can hand over the whole flat to someone else only with the landlord's express consent.
- 6
Record the condition at move-in
Photograph your room and the shared rooms when someone moves in.
Why this matters
On a joint lease, the landlord can demand the full rent from a single person (§ 421 BGB). You can sublet a room only with the landlord's permission. You are entitled to that permission if you have a legitimate interest (§ 553 Abs. 1 BGB).
General information, not legal advice.
Frequently asked questions
Who is liable to the landlord in a WG?
Who is liable depends on how the lease is set up. On a joint lease, each person owes the full rent (§ 421 BGB). If every room has its own lease, each person owes only their own rent. In the Hauptmieter model, only the Hauptmieter is liable.
Can I sublet without the landlord's permission?
No, if you sublet without permission, you risk an Abmahnung (formal warning) and termination of your lease (§ 540 BGB). But for part of the flat, you are entitled to permission if you have a legitimate interest (§ 553 Abs. 1 BGB).
Can I sublet my whole flat, for example via Airbnb?
You can only sublet your whole flat with the landlord's express consent (§ 540 BGB). According to the BGH, short-term letting to make a profit is usually not a legitimate interest.
Also in this topic: Subletting a room in Germany: what subtenants need to knowMoving out of a shared flat: how long am I liable?All guides: Shared flats & subletting
Is someone moving into your WG soon?
Before anyone moves in, sort out the lease setup and the landlord's permission, and record the condition of the rooms. BildProof guides you through every room and creates a structured condition report.
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